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Supreme Court of India 2024-08-30 allowed

SURAJ SINGH GUJAR & ANR vs THE STATE OF MADHYA PRADESH & ORS

Bench: 2 — Sudhanshu Dhulia, Ahsanuddin Amanullah

In Brief

The appellants were convicted under Sections 323, 324 and 325 IPC (relating to hurt and grievous hurt) for a minor land dispute with relatives in 2011. After serving their sentences, they sought to set aside their conviction based on a settlement deed signed with the injured persons. While Sections 323 and 325 create compoundable offences, Section 324 is non-compoundable. The Supreme Court held that although non-compoundable offences cannot ordinarily be compounded, it may invoke Article 142 of the Constitution in exceptional cases to set aside convictions. Finding that the appellants and victims were close relatives, the dispute was minor, all parties had settled amicably, and society's interests were unaffected, the Court set aside the conviction.

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Criminal Law Indian Penal Code Compoundable Offences Non-compoundable Offences Article 142 Constitution Discretionary Powers Compromise and Settlement Criminal Procedure Sentencing Family Disputes

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